Notice of proposal for Astute Mortgage Brokers Inc.

Superintendent of
Financial
Services
surintendant des
services
financiers
___________________________________________________________________________
REGARDING the Mortgage Brokerages, Lenders and Administrators
Act, 2006, S.O. 2006, c.29 (the “Act”), in particular sections 7, 19, 21,
38 and 39
AND REGARDING Astute Mortgage Brokers Inc. (”Astute”)
NOTICE OF PROPOSAL TO REVOKE LICENCE
and
NOTICE OF PROPOSAL TO IMPOSE ADMINISTRATIVE
MONETARY PENALTY
Astute is a licensed mortgage brokerage under the Act.
NOTICE OF PROPOSAL TO REVOKE LICENCE
TAKE NOTICE THAT pursuant to sections 19 and 21 of the Act, the Superintendent
of Financial Services (“Superintendent”) is proposing to revoke the mortgage
brokerage licence of Centum Ability.
The reasons for the proposal to revoke the licence will be served with this Notice.
AND TAKE NOTICE THAT section 21(3) of the Act provides that the mortgage
brokerage may request a hearing before the Tribunal in respect of this Notice within
15 days after this Notice is received, or deemed to have been received. The request
for a hearing shall be in writing (Form 1, Request for Hearing, sent to you along with
this Notice) and shall be mailed or delivered:
TO:
Financial Services Tribunal
5160 Yonge Street, Box 85
14th Floor
Toronto ON M2N 6L9
Attention: Registrar
AND TO:
Fax: 416.226.7750
Superintendent of Financial Services
Relationship Manager, Market Conduct Compliance Unit
Licensing and Market Conduct Division
5160 Yonge Street, Box 85
Toronto ON M2N 6L9
Si vous désirez recevoir cet avis/ordre en francais, veuillez addresser votre demande dans un délai de
15 jours à: Adjointe, audiences, Greffe, Commission des services financiers de l’Ontario, 5160 rue
Yonge, boîte 85, Toronto ON M2N 6L9
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If you do not request a hearing or do not make the request in accordance with section
21(3), section 21(7) of the Act provides that the Superintendent may carry out the
proposal to revoke the licence.
If you request a hearing, section 21(4) of the Act provides that the Tribunal may, by
order, direct the Superintendent to carry out the proposal, with or without changes, or
substitute its opinion for that of the Superintendent and the Tribunal may impose such
conditions as it considers appropriate in the circumstances.
At the hearing, the good character, propriety of conduct or competence of the officers
or directors or the partners or the proprietor of the brokerage may be in issue.
The hearing before the Tribunal will proceed in accordance with the Rules of Practice
and Procedure of the Tribunal made under the authority of the Statutory Powers
Procedure Act, R.S.O. 1990, c. S. 22. The Rules of Practice and Procedure are
available at the website of the Tribunal: www.fstontario.ca. Alternatively, a copy can
be obtained by telephoning the Registrar of the Tribunal at 416.590.7294, or toll free
at 1.800.668.0128 ext. 7294.
NOTICE OF PROPOSAL TO IMPOSE ADMINISTRATIVE
MONETARY PENALTY
Section 38 of the Act provides that an administrative penalty may be imposed under
section 39 for either of the following purposes: 1. To promote compliance with the
requirements established under the Act; 2. To prevent a person or entity from
deriving, directly or indirectly, any economic benefit as a result of contravening or
failing to comply with a requirement established under the Act.
The Act provides at section 39(1) that the Superintendent may in appropriate
circumstances, impose an administrative penalty. Section 39(2) of the Act provides
that where the Superintendent proposes to impose an administrative penalty, the
Superintendent shall give written notice of the proposal, including details of the
contravention or failure to comply, the amount of the penalty and the payment
requirements.
TAKE NOTICE THAT pursuant to section 39 of the Act, the Superintendent is
proposing to impose administrative penalties on Astute as follows:
The Superintendent is satisfied that from July 1, 2010 to December 14, 2010 Astute
contravened or did not comply with a requirement under the Act, namely the
requirement to have errors and omissions insurance pursuant to section 7(4) of the
Act and section 42 of Regulation 188/08. This is the second time that Astute has
been found by the regulator to have failed to maintain errors and omissions insurance
as required. The Superintendent proposes an administrative penalty in the amount of
$3,000.
Si vous désirez recevoir cet avis/ordre en francais, veuillez addresser votre demande dans un délai de
15 jours à: Adjointe, audiences, Greffe, Commission des services financiers de l’Ontario, 5160 rue
Yonge, boîte 85, Toronto ON M2N 6L9
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The details of the contraventions or failures to comply will be served with this Notice.
AND TAKE NOTICE THAT sections 39(2) and 39(5) of the Act provides that the
mortgage brokerage may request a hearing before the Tribunal in respect of this
Notice within 15 days after this Notice is received, or deemed to have been
received. The request for a hearing shall be in writing (Form 1, Request for Hearing)
and shall be mailed or delivered to the Tribunal at the address provided above, and to
the Superintendent of Financial Services, Relationship Manager, Market Conduct
Compliance Unit, at the address provided above.
If you do not request a hearing or do not make the request in accordance with section
39(5), section 39(7) of the Act provides that the Superintendent may carry out the
proposal to impose an administrative penalty. If so, the Superintendent will issue an
Order imposing an administrative penalty, which will be payable within 30 days of
receipt of the Order or such longer time as may be specified in the Order. You will
also receive information as to where and how to make your payment.
If you request a hearing, section 39(6) of the Act provides that the Tribunal may, by
order, direct the Superintendent to carry out the proposal, with or without changes, or
substitute its opinion for that of the Superintendent.
The hearing before the Tribunal will proceed in accordance with the Rules of Practice
and Procedure of the Tribunal made under the authority of the Statutory Powers
Procedure Act, R.S.O. 1990, c. S. 22.
You may be furnished with further or other particulars in respect of any matter herein
or in respect of any other matter, including further grounds to revoke the licence or to
impose an administrative penalty.
DATED at Toronto, Ontario,
, 2011.
_________________________________
Philip Howell
Superintendent of Financial Services
Si vous désirez recevoir cet avis/ordre en francais, veuillez addresser votre demande dans un délai de
15 jours à: Adjointe, audiences, Greffe, Commission des services financiers de l’Ontario, 5160 rue
Yonge, boîte 85, Toronto ON M2N 6L9
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TO:
Astute Mortgage Brokers Inc.
695 Markham Road
Suite 24
Scarborough ON
M1H 2A5
Attention: James Peros, Principal Broker
Tel:
Fax:
AND TO:
416.431.9899
416.431.9205
Larissa Easson
Legal Counsel
Financial Services Commission of Ontario
5160 Yonge Street, Suite 1700
Toronto ON M2N 6L9
Tel: 416.226.7842
Fax: 416.590.7556
Si vous désirez recevoir cet avis/ordre en francais, veuillez addresser votre demande dans un délai de
15 jours à: Adjointe, audiences, Greffe, Commission des services financiers de l’Ontario, 5160 rue
Yonge, boîte 85, Toronto ON M2N 6L9